What's happening
This bill requires courts to order the immediate surrender of all firearms by certain convicted defendants and notify police accordingly.
Why it matters
Mandates full disclosure and surrender. Defendants convicted of certain crimes and related to the victim (e.g., in domestic violence cases) must inform the court of all firearms they own or possess, ensuring no weapons remain in their possession after conviction.
Creates a rapid response system. The law requires immediate notification of both local police and the state police in Albany when firearms are surrendered, aiming to close the window for potential misuse and improve law enforcement awareness of disarmed individuals.
Expands judicial authority and consistency. Courts retain broad authority to order firearm surrender under other laws as well, preventing loopholes and reinforcing the consistency of firearm removal across different legal situations.
Applies to ongoing and future cases. The requirements apply not only to new convictions but also to pending cases where sentencing hasn’t occurred, potentially impacting a larger number of defendants and accelerating implementation of firearm removal in sensitive cases.
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Who cares
Headline styles
Require Weapon Surrender After Misdemeanor
Plain English, a few words. Used as the page title.
Sponsors
15 Co-sponsors
5 Multi-sponsors
History
- Enacting clause stricken
- Recommitted to codes
- Ordered to third reading cal.67
- Returned to assembly
- Died in senate
- Referred to codes
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.28
- Reported
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Convicts to Surrender Guns
In Senate Committee · Codes · Sponsor Diane J. Savino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
980
2017-2018 Regular Sessions
IN ASSEMBLY
January 10, 2017
Introduced by M. of A. PAULIN, ZEBROWSKI, MOSLEY, GOTTFRIED, MAGNARELLI, OTIS, QUART, KAVANAGH, WALKER, BRONSON, FAHY, STECK, BUCHWALD, SEAWRIGHT -- Multi-Sponsored by -- M. of A. GALEF, RICHARDSON, RIVERA, SIMON, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to orders to surrender eligible weapons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 370.15 of the criminal procedure law is amended by adding three new subdivisions 4, 5 and 6 to read as follows:
4. Upon judgment of conviction and determination of the defendant to be related or situated to the victim as set forth in this section, the court shall require the respondent to inform the court of all firearms, rifles, shotguns, black powder rifles, black powder shotguns, muzzleloading firearms or antique firearms he or she owns or possesses. The court shall order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 of the penal law and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles, shotguns, black powder rifles, black powder shotguns, muzzle-loading firearms or antique firearms owned or possessed by the defendant.
5. The court ordering the surrender of any firearm, rifle, shotgun, black powder rifle, black powder shotgun, muzzle-loading firearm or antique firearm as provided in this section shall immediately notify the duly constituted police authorities of the locality of such action and the division of state police at its office in the city of Albany. The court shall direct the authority receiving such surrendered firearms, rifles, shotguns, black powder rifles, black powder shotguns, muzzleloading firearms or antique firearms to immediately notify the court of such surrender.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01087-01-7
A. 980 2
6. (a) The disposition of any firearms, rifles, shotguns, black powder rifles, black powder shotguns, muzzle-loading firearms or antique firearms surrendered pursuant to this section shall be in accordance with the provisions of subdivision six of section 400.05 of the penal law.
(b) The provisions of this section shall not be deemed to limit, restrict or otherwise impair the authority of the court to order and direct the surrender of any or all firearms, rifles, shotguns, black powder rifles, black powder shotguns, muzzle-loading firearms, or antique firearms owned or possessed by a defendant pursuant to any other provision of law.
§ 2. This act shall take effect immediately and shall apply to convictions on or after such effective date as well as to charges for such offenses pending on such effective date for which sentence has not yet been imposed.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.